Chhotelal Sonkar and Surendra Singh, applicants have moved present application under Section 482 Cr.P.C assailing the validity of the order dated 03.12.2015 passed by Special Judge (Anti Corruption) Court No. 5, Gorakhpur in Special Trial No. 17 of 2004, State Vs. Indradev Pandey and others, arising out of case crime no. 774 of 1990, under Sections 217, 218, 120B IPC and 13(2) of the Prevention of Corruption Act, Police Station Kotwali, District Azamgarh wherein learned Special Judge, (Anti Corruption), Court No. 5, Gorakhpur has proceeded to refuse to discharge the applicants.

2. On the matter being taken up today, Sri Arvind Kumar Mishra, learned Counsel for the applicants submitted before us that incident in question is more than two decade old and in view of this, application for discharge ought to have been allowed and they ought to have been discharged.

3. Learned AGA on the other hand resisted the request that has been made on behalf of applicants by contending that investigation in question has been carried out and based on the evidence collected, charge sheet in question has been filed and thereafter applicants have been summoned and then they moved an application